Nehalben Pravinbhai Bhakhariya ... vs State Of Gujarat & on 2 September, 2015

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Gujarat High Court

Nehalben Pravinbhai Bhakhariya ... vs State Of Gujarat & on 2 September, 2015

Bench: J.B.Pardiwala

                 R/CR.MA/12694/2015                                               ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                 FIR/ORDER) NO. 12694 of 2015

         ==========================================================
              NEHALBEN PRAVINBHAI BHAKHARIYA (MAKWANA)....Applicant(s)
                                     Versus
                       STATE OF GUJARAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         MR NIRAV K PADHIYAR, ADVOCATE for the Applicant(s) No. 1
         NOTICE SERVED for the Respondent(s) No. 2
         MR KL PANDYA, APP for the Respondent(s) No. 1
         ==========================================================

                  CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA




                                       Date : 02/09/2015


                                        ORAL ORDER

Leave to correct the name of the applicant.

1. Rule returnable forthwith. Mr. Pandya, the learned APP, waives service of notice of Rule for and on behalf of the respondent No.1. The respondent No.2 although served with the notice issued by this Court yet has chosen not to appear and oppose this application either in person or Page 1 of 4 HC-NIC Page 1 of 4 Created On Mon Sep 07 04:37:44 IST 2015 R/CR.MA/12694/2015 ORDER through an advocate.

2. By this application under Section 482 of the Code, the applicant, originalaccused No.5 seeks to invoke the inherent powers of this Court, praying for quashing of the FIR registered with the Deesa Rural Police Station vide C.R. No.I102 of 2015 for the offence punishable under Sections 498(A), 323, 504, 506(2) read with Section 114 of the Indian Penal Code and also under Sections 3 and 7 of the Dowry Prohibition Act.

3. The respondent No.2 is married to one Vijaykumar Premshankar Srimaji, originalaccused No.1. It is the case of the first informant that her husband has illicit relations with the applicant herein and on account of such illicit relations she is being harassed by the husband as well as the family members of the husband.

4. I have perused the entire FIR thread bare. There is no allegation worth the name against the Page 2 of 4 HC-NIC Page 2 of 4 Created On Mon Sep 07 04:37:44 IST 2015 R/CR.MA/12694/2015 ORDER applicant herein so far as sections 323, 504, 506(2) of the Indian Penal Code is concerned. I am now left with Section 498(A) of IPC. The concubine of the husband would not fall within the ambit of "relative" as stated in Section 498(A) of the Indian Penal Code. This issue has set at rest by this Court in the order dated 4th December, 2014, passed in the Criminal Misc. Application No.7344 of 2014.

5. In view of the above, this application is allowed. The First Information Report being C.R. No.I102 of 2015 before the Deesa Rural Police Station is quashed so far as the applicant is concerned. The case shall proceed further in accordance with law so far as the other accused are concerned.

Direct service is permitted.




                                                                  (J.B.PARDIWALA, J.)




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                  R/CR.MA/12694/2015                                            ORDER




         Manoj




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